CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.
Tel: +91-11-26161796
Date: 27/10/2009
Decision No. CIC/SG/C/2009/001291/5242
Complaint No. CIC/SG/C/2009/001291
COMPLAINT REMANDED TO : First Appellate Authority
Dy. Commissioner,
Municipal Corporation of Delhi
Shahdara North Zone,
1st Floor Zonal Office (MCD),
Kashav Chowk, Shahdara,
Delhi-110053.
Complainant : Mr. Irshad
C-249 Gali No. 9, Main Road,
Bhajanpura, Delhi-110053.
Public Information Officer : Deputy Director (Hort.)
Municipal Corporation of Delhi
Department of Horticulture
Shahdara North Zone,
Kashav Chowk, Shahdara,
Delhi-110053.
Decision:
The complainant had filed an application with the PIO on 14/05/2009 asking
for certain information. He received a reply from the PIO, which he found
unsatisfactory. The complainant has therefore filed a complaint with the Commission
under Section 18 of the RTI Act, 2005. The complainant has not used the alternate
and efficacious remedy of First Appeal available under Section 19 (1) of the RTI Act.
Consequently, the First Appellate Authority has not had the chance to review the
PIO’s decision as envisaged under the RTI Act.
Therefore, the matter is remanded to the First Appellate Authority with a
direction to decide the matter in accordance with the provisions of the RTI Act, after
giving all concerned parties an opportunity to be heard.
The Complaint is disposed.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
27 October, 2009
Encl: Copy of RTI Application dated 14/05/2009
Copy of PIO’s reply dated 28/08/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)